- (1.) In the appeal filed by the Commissioner of Income Tax/Revenue under Section 260A of the Income Tax Act,1961, the following substantial question of law was raised: "Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the claim of the assessee under Section 88HHC of the Income Tax Act is justified even if he had not furnished the report of an accountant along with the return of income."
(2.) The High Court has, however, dismissed the appeal with a simple observation that no substantial question of law is involved.
(3.) After hearing Mr. Sanghi, learned senior counsel appearing on behalf of the appellant/Revenue, we are of the opinion that the question formulated above is a substantial question of law which arises for determination and, therefore, the High Court should not have dismissed the appeal of the Revenue in limine.;